Parts and Accessories Necessary for Safe Operation; Grant of Exemption for Flatbed Carrier Safety Group |
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Topics: Federal Motor Carrier Safety Administration
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Anne S. Ferro
Federal Register
April 14, 2011
[Federal Register: April 14, 2011 (Volume 76, Number 72)]
[Rules and Regulations]
[Page 20867-20870]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap11-11]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 393
[Docket No. FMCSA-2010-0177]
Parts and Accessories Necessary for Safe Operation; Grant of
Exemption for Flatbed Carrier Safety Group
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) grants
an exemption from certain commodity-specific cargo securement rules
applicable to motor carriers transporting metal coils. The Flatbed
Carrier Safety Group (FCSG) applied for an exemption to allow motor
carriers transporting metal coils to secure them in a manner not
provided for in current regulations, specifically to secure coils
grouped in rows with eyes crosswise and the coils in contact with each
other in the longitudinal direction. FCSG requested the exemption so
all commercial motor vehicle (CMV) operators will be able to use
FMCSA's pre-January 1, 2004 cargo
[[Page 20868]]
securement procedures for the transportation of groups of metal coils
with eyes crosswise. The Agency believes that permitting motor carriers
to haul metal coils in this manner will maintain a level of safety that
is equivalent to, or greater than, the level of safety achieved without
the exemption.
DATES: This exemption is effective from April 14, 2011, through April
14, 2013.
FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and Truck Standards and Operations,
MC-PSV, (202) 366-0676, Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315(b) and 31136(e), FMCSA may grant exemptions
from many of the Federal Motor Carrier Safety Regulations (FMCSRs) for
a two-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level of
safety that would be achieved absent such exemption'' (49 CFR
381.305(a)).
FCSG's Request for Exemption
FCSG applied for an exemption from FMCSA's cargo securement
requirements specified in 49 CFR 393.120 to allow motor carriers to
comply with the pre-January 1, 2004, cargo securement regulations (then
at 49 CFR 393.100(c)) for the transportation of groups of metal coils
with eyes crosswise. FMCSA published notice of the exemption
application on June 14, 2010, and asked for public comment (75 FR
33667).
On September 27, 2002, FMCSA published a final rule revising the
regulations concerning protection against shifting and falling cargo
for commercial motor vehicles (CMVs) engaged in interstate commerce (67
FR 61212). The new rules were based on the North American Cargo
Securement Standard Model Regulations, the motor carrier industry's
best practices, and recommendations presented during a series of public
meetings involving U.S. and Canadian industry experts, Federal, State,
and Provincial enforcement officials, and other interested parties.
Motor carriers were required to ensure compliance with the rule by
January 1, 2004.
The September 2002 final rule established detailed requirements for
a number of specific commodities (logs; dressed lumber; metal coils;
paper rolls; concrete pipe; intermodal containers; automobiles, light
trucks and vans; heavy vehicles, equipment and machinery; flattened and
crushed vehicles; roll-on/roll-off containers; and large boulders).
These commodities were identified in public meetings during the
development of the model regulations as causing the most disagreement
between industry and enforcement agencies. The commodity-specific
requirements for these items supersede the general rules when
additional requirements are given for a commodity listed in those
sections. This means all cargo securement systems must meet the general
requirements, except to the extent that a commodity-specific rule
imposes additional requirements for the securement method to be used.
Currently, 49 CFR 393.120 specifies requirements for the securement
of one or more metal coils which, individually or grouped together,
weigh 5,000 pounds or more. Metal coils can be transported with eyes
vertical, lengthwise, or crosswise.
Unlike the requirements for securing coils with eyes vertical (49
CFR 393.120(b)) and lengthwise (49 CFR 393.120(d)), the current
securement requirements for coils with eyes crosswise (49 CFR
393.120(c)) only speak of individual coils; there are no specific
requirements for securing rows of coils. As such, a motor carrier
transporting a row of coils with eyes crosswise must secure each coil
as an individual coil in accordance with 49 CFR 393.120(c).
FCSG noted that the regulations in place prior to January 1, 2004
directly addressed the securement of groups of coils loaded with eyes
crosswise. Section 393.100(c) read as follows:
(c)(3)(ii) Coils with eyes crosswise: Each coil or transverse
row of coils loaded side by side and having approximately the same
outside diameters must be secured by--
(a) A tiedown assembly through the eye of each coil, restricting
against forward motion and making an angle of less than 45[deg] with
the horizontal when viewed from the side of the vehicle;
(b) A tiedown assembly through the eye of each coil, restricting
against rearward motion and making an angle of less than 45[deg]
with the horizontal when viewed from the side of the vehicle; and
(c) Timbers, having a nominal cross section of 4 x 4 inches or
more and a length which is at least 75 percent of the width of the
coil or row of coils, tightly placed against both the front and rear
sides of the coil or row of coils and restrained to prevent movement
of the coil or coils in the forward and rearward directions.
(d) If coils are loaded to contact each other in the
longitudinal direction and relative motion between coils, and
between coils and the vehicle, is prevented by tiedown assemblies
and timbers--
(1) Only the foremost and rearmost coils must be secured with
timbers; and
(2) A single tiedown assembly, restricting against forward
motion, may be used to secure any coil except the rearmost one,
which must be restrained against rearward motion. [Emphasis added]
FCSG stated that, without a temporary exemption, adherence to the
existing regulations at 49 CFR 393.120(c)--i.e., treating each coil as
an individual coil--places a burden on the motor carrier to carry
significantly more coil bunks and timbers to secure each coil in a
raised bunk off the deck. FCSG argued that individual securement of
each coil produces no added safety benefit (but increases securement
complexity in terms of coil bunks and timbers) compared to the
``unitized'' securement of multiple coils with eyes crosswise in rows
in contact each other in the longitudinal direction. FCSG stated that
securing groups of coils in this manner would allow the load to be
unitized while still meeting the aggregate working load limit
requirements of 49 CFR 393.106(d).
FCSG is working cooperatively with the North American Cargo
Securement Harmonization Forum to effect these changes in the North
American Cargo Securement Model Regulation, which both the U.S. and
Canada have committed to use to update both the FMCSRs and Canada's
National Safety Code 10. FCSG argued that the ``unitized'' securement
of adjacent coils with eyes crosswise was deemed safe prior to the
January 2004 revisions to the cargo securement regulations and should
be still be considered safe today.
For the reasons stated above, FCSG requested that motor carriers be
allowed to comply with the pre-January 2004 cargo securement provisions
(then 49 CFR 393.100(c)) during the period of the exemption, if
granted. FCSG believes that utilization of the pre-January 2004
regulations will allow carriers transporting metal coils to maintain a
level of safety that is equivalent to the level of safety achieved
without the exemption. A copy of FCSG's application for exemption is
available for review in the docket of this notice.
Comments
FMCSA received two comments to the published exemption notice.
1. Richard Moskowitz responded on behalf of the American Trucking
Associations (ATA), a large trade association representing State CMV
associations. ATA supported the FCSG application for exemption and
noted that the preamble to the September 2002
[[Page 20869]]
final rule did not explain why the previous provision governing the
transportation of unitized coils with eyes crosswise was being omitted.
ATA agreed with FCSG's assertion that there is no additional safety
benefit from securing rows of metal coils with eyes crosswise and in
contact each other as individual coils under the current 49 CFR
393.120(c).
2. Gerald A. Donaldson, Ph.D., commented on behalf of the Advocates
for Highway and Auto Safety (Advocates) in opposition to the FCSG
application, arguing that the exemption would (1) undermine the current
cargo securement regulation, and (2) place the traveling public in an
increased risk of catastrophic events involving the ejection or
dislodgement of heavy metal coils weighing up to 40,000 pounds.
Advocates stated that FCSG does not cite any independently gathered,
credible evidence to support the claim that a ``unitized'' carriage of
coils as described by the applicant is just as safe as separate,
independent securement of these coils through the use of tiedowns in
conjunction with bunks, chocks, or cradles. Advocates commented that
granting the application for temporary exemption would essentially
reject the recommendations produced by the deliberations of leading
cargo securement experts from the U.S. and Canada that led to the
development of the North American Cargo Securement Model Regulation.
Advocates noted that FMCSA relied on two research studies ``in
proposing and adopting new cargo securement regulations that
specifically addressed, in considerable detail, the need to ensure the
independent securement of each transverse coil in the `suicide
arrangement' of multiple rows of such coils.'' Advocates stated that
both the 1995 Illinois Transportation Research Center report entitled
``Analysis of Rules and Regulations for Steel Coil Truck Transport:
Final Report'' and the 1997 Canadian Council of Motor Transport
Administrators (CCMTA) report entitled ``Tests On Methods of Securement
for Metal Coils'' ``explicitly evaluate the need for intervening
blocks, chocks, or cradles for each transverse coil so that excessive
forces are not generated during vehicle and cargo acceleration (which
is non-linear as acceleration force increases) that place excessive
demands on tiedowns.'' Advocates stated that the cargo securement
requirements for metal coils are ``based on both static and dynamic
tests and are of record.''
FMCSA Response:
As a result of rulemaking petitions submitted by various parties,
FMCSA published a final rule on June 22, 2006, amending its September
2002 final rule concerning protection against shifting and falling
cargo (71 FR 35819). Among other things, this rule amended the
definition of metal coil to read ``an article of cargo comprised of
elements, mixtures, compounds, or alloys commonly known as metal,
stamped metal, metal wire, metal rod, or metal chain that are packaged
as a roll, coil, spool, wind, or wrap, including plastic or rubber
coated electrical wire and communications cable.'' This revised
definition meant that the commodity-specific rules for securing metal
coils would apply to a wider variety of coils. Some of these products
are substantially lighter than coils of flat sheet metal and can
therefore be transported in groups on a single vehicle without causing
violations of interstate truck (or axle) weight limits designed to
protect pavements and bridges from damage and excessive wear and
tear.\1\
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\1\ Congress enacted the Bridge Formula in 1975 to limit the
weight-to-length ratio of a vehicle crossing a bridge. This is
accomplished either by spreading weight over additional axles or by
increasing the distance between axles.
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While the two reports cited by Advocates examined various aspects
of metal coil securement, it is important to note that neither of these
studies discussed or evaluated--either analytically or through actual
testing--the securement of rows of coils grouped together with eyes
crosswise. Instead, each of the reports cited by Advocates evaluated
only the securement of single coils with eyes vertical, crosswise, or
lengthwise.
The 1995 Illinois Transportation Research Center report on
steel coil transport consists of (1) a 1994 field survey at seven
Illinois vehicle scale locations, and (2) engineering analyses of metal
coil securement through rigid body dynamics analysis, scaled model
testing, and finite element analysis. At the time of that report, there
was no specific definition of metal coils in the FMCSRs. Further, the
term ``suicide arrangement'' in the Illinois Transportation Research
Center report was used as an anecdotal reference only, and was not
supported by crash or fatality data that showed CMV drivers to be at a
higher risk in the event of a crash in which rows of metal coils
grouped together with eyes crosswise were transported and secured
according to the pre-2004 rules. While the report recommended a number
of amendments to the cargo securement regulations for metal coils, none
of these recommendations questioned the then-existing securement
requirements for groups of coils with eyes crosswise, or identified
specific changes necessary to improve the securement of groups of coils
with eyes crosswise.
The metal coils tested as part of the 1997 CCMTA report
weighed individually 18,220 lbs, 23,200 lbs, and 44,400 lbs. These
coils could not be tested in groups, since any substantial grouping
would push the trailer over the 34,000-pound tandem axle weight allowed
on the Interstate System. Like the Illinois Transportation Research
Center report, the CCMTA report provided a number of recommendations
for the securement of metal coils. Similarly, none of these
recommendations questioned the then-existing securement requirements
for groups of coils with eyes crosswise, or addressed specific changes
necessary to improve the securement of groups of coils with eyes
crosswise.
Advocates stated that ``Granting the exemption would * * *
essentially reject the recommendations produced by the deliberations of
leading cargo securement experts from the U.S. and Canada conducted
over several years that supported strengthening securement requirements
in numerous respects.'' Representatives of both FMCSA and CCMTA who
served on the North American Cargo Securement Harmonization Committee,
including the Chairman for the subcommittee on metal coil securement,
have been contacted regarding this issue. Each of these representatives
has confirmed that the lack of specific securement methods for rows of
coils grouped together with eyes crosswise appears to have been an
inadvertent omission when the Model Regulation was developed.
Subsequently, given that no such requirements exist in the Model
Regulation, no requirements for this loading pattern were included in
the 2002 revisions to the FMCSRs. This omission has been brought to the
attention of the North American Cargo Securement Harmonization Public
Forum for consideration.
FMCSA acknowledges that FCSG did not present specific studies or
data concerning the safety impact of granting this exemption. However,
for the reasons discussed above, the Agency believes that granting the
temporary exemption to allow securement of rows of metal coils loaded
to contact each other in the longitudinal direction, with relative
motion between coils and between coils and the vehicle prevented by
tiedown assemblies and timbers, provides a level of safety that is
equivalent to, or greater than the level of safety achieved without the
exemption.
[[Page 20870]]
FMCSA has decided to grant FCSG's exemption application. FMCSA
encourages any party having information that motor carriers utilizing
this exemption are not achieving the requisite level of safety
immediately to notify the Agency. If safety is being compromised, or if
the continuation of the exemption is not consistent with 49 U.S.C.
31315(b) and 31136(e), FMCSA will take immediate steps to revoke the
exemption.
Terms and Conditions for the Exemption
Based on its evaluation of the application for an exemption, FMCSA
has decided to grant FCSG's exemption application. The Agency believes
that the level of safety that will be achieved using the pre-2004 cargo
securement regulations to secure of rows of metal coils with eyes
crosswise during the 2-year exemption period will likely be equivalent
to, or greater than, the level of safety achieved without the
exemption.
The Agency hereby grants the exemption for a two-year period,
beginning April 12, 2011, and ending April 12, 2013.
During the temporary exemption period, motor carriers must meet the
following requirements while still meeting the aggregate working load
limit requirements of 49 CFR 393.106(d).
Coils with eyes crosswise: If coils are loaded to contact each
other in the longitudinal direction, and relative motion between
coils, and between coils and the vehicle, is prevented by tiedown
assemblies and timbers:
(1) Only the foremost and rearmost coils must be secured with
timbers having a nominal cross section of 4 x 4 inches or more and a
length which is at least 75 percent of the width of the coil or row
of coils, tightly placed against both the front and rear sides of
the row of coils and restrained to prevent movement of the coils in
the forward and rearward directions; and
(2) The first and last coils in a row of coils must be secured
with a tiedown assembly restricting against forward and rearward
motion, respectively. Each additional coil in the row of coils must
be secured to the trailer using a tiedown assembly.
Interested parties possessing information that would demonstrate
that motor carriers using the cargo securement exemption for rows of
metal coils with eyes crosswise are not achieving the requisite
statutory level of safety should provide that information to the
Agency, which will place it in Docket No. FMCSA-2010-0177. We will
evaluate any such information, and, if safety is being compromised or
if the continuation of the exemption is not consistent with 49 U.S.C.
31315(b)(4) and 31136(e), will take immediate steps to revoke this
exemption.
Preemption
During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption to allow the securement of metal coils loaded with
eyes crosswise, grouped in rows, in which the coils are loaded to
contact each other in the longitudinal direction with respect to a
person operating under the exemption.
Issued on: April 5, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-8563 Filed 4-13-11; 8:45 am]
BILLING CODE 4910-EX-P